§ 31-40-2 - "Habitual offender" defined.
SECTION 31-40-2
§ 31-40-2 "Habitual offender" defined.– An "habitual offender" is any person, resident or nonresident, whose record, asmaintained in the office of the division of motor vehicles, shows that theperson has accumulated the convictions, or findings of delinquency orwaywardness in the case of juveniles, for separate and distinct offenses,described in subdivisions (1), (2), and (3) of this section, committed within athree (3) year period, provided that where more than one included offense shallbe committed within a six (6) hour period the multiple offenses shall, on thefirst occasion, be treated for the purposes of this article as one offense,provided the person charged has no record of prior offenses chargeable underthis article, and provided further that the date of the offense most recentlycommitted occurs within three (3) years of the date of all other offenses theconviction for which is included in subdivision (1), (2), or (3) of thissection as follows:
(1) Three (3) or more convictions, or findings of delinquencyor waywardness in the case of a juvenile, singularly or in combination, of thefollowing separate and distinct offenses arising out of separate acts:
(i) Voluntary or involuntary manslaughter resulting from theoperation of a motor vehicle;
(ii) Driving or operating a motor vehicle while under theinfluence of liquor or drugs in violation of § 31-27-2;
(iii) Driving a motor vehicle while his or her license,permit, or privilege to drive a motor vehicle has been suspended or revoked inviolation of § 31-27-2.1 or chapter 11 of this title;
(iv) Willfully operating a motor vehicle without a license;
(v) Knowingly making any false affidavit or swearing oraffirming falsely to any matter or thing required by the motor vehicle laws oras to information required in the administration of the laws;
(vi) Any offense punishable as a felony under the motorvehicle laws of Rhode Island or any felony in the commission of which a motorvehicle is used;
(vii) Failure of the driver of a motor vehicle involved in anaccident resulting in the death or injury of any person to stop close to thescene of the accident and report his or her identity in violation of §31-26-1; or
(viii) Failure of the driver of a motor vehicle involved inan accident resulting only in damage to an attended or unattended vehicle orother property in excess of one hundred fifty dollars ($150) to stop close tothe scene of the accident and report his or her identity or otherwise reportthe accident.
(2) Six (6) or more convictions, or findings of delinquencyor waywardness in the case of a juvenile, of separate and distinct offenses,singularly or in combination, in the operation of a motor vehicle which arerequired to be reported to the division of motor vehicles and the commission ofwhich requires the division of motor vehicles or authorizes a court to suspendor revoke the privilege to operate motor vehicles on the highways of this statefor a period of thirty (30) days or more, and the convictions shall includethose offenses enumerated in paragraph (1)(ii) of this section when taken withand added to those offenses described in this section.
(3) The offenses included in subdivisions (1) and (2) of thissection shall be deemed to include offenses under any valid town or cityordinance paralleling and substantially conforming to the state statutoryprovisions cited in subdivisions (1) and (2) of this section and all changes inor amendments of them, and any federal law, and law of another state or anyvalid town, city, or county ordinance of another state substantially conformingto those statutory provisions.